Guide to Australian Visas - Emigrate to Australia HeadQuartersemigratetoaustraliahq.com/wp-content/uploads/2012/07/Guide_to_Australian_Visas_v2.pdf2. Why Choose Emigrate to Australia

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http://emigratetoaustraliahq.com/blog

Guide to Australian Visas

By

Emigrate to Australia HQ

The Immigrants Dream Land!

http://emigratetoaustraliahq.com

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Contents:

1. About Us

2. Why Choose Emigrate to Australia HeadQuarters?

3. Changes and About Australias Skill Select Program

4. Points Based Skilled Migration (subclasses 189, 190 and 489) visa

a. Skilled Independent (Sub-Class 189) Visa

b. Skilled – Nominated (Sub-class 190) visa

c. Skilled – Nominated or sponsored (Provisional) (Sub-class 489) visa

5. ENS - Employer nomination scheme (Sub-class 186)

6. RSMS - Regional Sponsored Migration Scheme (sub-class 187)

7. Business innovation and investment (Provisional) (Sub-class 188) visa

8. Business innovation and investment (Residence) (Sub-class 888) visa

9. Australia Sub-class 457 visa (“Most Common Sponsored Jobs Found in Australia”)

10. Contact Us to find out more.

11. Disclaimer.

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1 - About Emigrate to Australia HeadQuarters

The Emigrate to Australia HeadQuarters is on a mission to help you and your family start a better life here in Australia. Here we want to help you understand the Australian Immigration Process, to give you the BEST chance of getting Sponsored Jobs here in Australia and help you decide what visa to apply for. With so much happening around the world and so many changes being incorporated into the Australian Immigration Process, updating knowledge base and keeping an eye on possible implications of incorporated modifications is a tremendous job and needs an expert visionary effort to effectively interpret, appreciate and forecast effects of changes. We aim to help you make it through in achieving your dream come to reality. Mr. Tino Beth the Compiler of this eBook and primary force behind the Webesite, he is the man with a mission and a vision. Tino is not a migration agent or lawyer of any sort, He is just like you and he is doing his own extensive research. In the Early 1980’s My parents flew to Australia on a tourist visa, had a child (Me) and fell in love with the Australian lifestyle so much that we over stayed our tourist visa. Living illegally at the time and trying to get Permanent Residency was impossible for my mom and dad!!, so we were forced to go back to Germany, hopeful to return via an official permanent residency immigration stream 2 years later. Little did we know that we made a big mistake over staying our visa. Even in the late 1980’s Getting Permanent Residency was Hard. In total, from first landing in Australia to Getting PR, it took us 8 long years, the first 8 years of my life. Today, I am fortunate because my parents were commited. I now have small business and im so happy to be living on the Gold Coast. I now have many close friends that have similar migration, so I know that from experience and from seeing other around me that if you set your mind to work on somethhing you can achieve anything!

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Since, migrating 20+ years ago, I have Learnt an ancient powerful Method of Learning, and my passion for assimilating mass amounts of information has skyrocketed. So now im applying my time, energy and Mind to help my other friends make sense of the immigration proceedures in Australia. My Blog http://emigratetoaustraliahq.com was origionally set up to help those closest to me. But, since I’ve had so many requests, for some useable information, tips and even just plain old Help, Ideas and step–by-step direction on how to get sponsorship. So I decided to open the website up to the general public and I welcome anyone with a dream of migrating to Australia. I have produced this short Ebook with you in mind, because the immigration website is still hard to navigate and understand. I have taken some time out of my busy schedule to put together the basics of what anyone who is thinking of migrating permanently to Australia, absolutely Needs to know. Make sure you follow me on facebook. Tino Beth, (your man in Australia)

2 - So, Why not choose the Emigrate to Australia HeadQuarters as your Home away from Home?

1. We care about helping you.

2. We care about sharing what we have been fortunate enough to live.

3. We care, that you care about looking to improve the quality of you and your family’s life.

4. We care about making new friends, learning and growing ourselves and those around us.

5. We are working with local Australian businesses to understand your situation and determine the best procedure to use when approaching Australian businesses for sponsorship.

6. We aim to help bridge the cultural gap to help you best understand the Australia ways of business and working culture.

7. We Care.

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3 - Changes to Points Tested Skilled Migration Visas The Australian Government has made changes to the points based skilled migration visa program, which commenced last July 1, 2012. These changes will include the introduction of three new visas and the closing of some current visas to new applicants.

Visa subclass changes

From 1 July 2012, three new points tested skilled migration visa subclasses will be introduced:

Subclass 189 (skilled independent)

Subclass 190 (skilled nominated)

Subclass 489 (skilled regional – provisional).

The distinction between the locations of a visa applicant will be removed. Intending migrants who are invited to apply for these visas, only through SkillSelect, can be inside or outside Australia when they apply for the visa and at the time the visa is decided.

The 887 (skilled regional) visas will be changed to allow for applications from the new 489 (skilled regional sponsored) visa. The 485 (skilled graduate) and the 476 (skilled recognised graduate), visa subclasses, will not change. The location requirements of in or outside Australia will remain for the 476, 485 and 887 visas.

SkillSelect

SkillSelect is an online service which has been introduced on 1 July 2012. It will change the way people migrate to Australia. Rather than applying for a skilled migration visa, people will instead first record their details through an online Expression of Interest.

This Expression of Interest will include basic personal information and will be where intending migrants have their skills and attributes ranked against a point’s test, if they seek a points tested skilled migration visa. Intending migrants may then be invited to apply for a visa.

An Expression of Interest is not an application for a visa. If you are invited to apply, you will have to demonstrate that the claims you made in your Expression of Interest are correct.

(http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-tested-visas.pdf)

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4 - Points Based Skilled Migration (subclasses 189, 190 and 489) visa

a). Skilled Independent (Sub-‐Class 189) Visa The Skilled Independent (Sub-Class 189) visa is for people seeking an independent permanent skilled visa. This includes people without an employer or family sponsor, or state or territory government nomination. The first process starts with submission of expression of interest – EOI in skill select platform.

This EOI application is filled with information that includes yet is not limited to positive skills assessment and required IELTS score. The EOI submission relies on the exploring of the relevant occupation indicated in Skilled Occupation List – SOL.

Here are the basic requirements you must meet to apply for this visa. You must:

ü Be invited to apply

ü Be younger than 50 years of age when you are invited to apply

ü Nominate an occupation that matches your skills and qualifications and is on the relevant skilled occupation list

ü Have your skills assessed by the relevant assessing authority as suitable for your nominated occupation

ü Have at least competent English - IELTS 6

ü Score at least 60 on the points test

ü Meet the health and character requirements.

b). Skilled – Nominated (Sub-class 190) visa The Skilled – Nominated (Sub-class 190) visa is for people who have received state/territory government nomination and are seeking a permanent skilled visa. To eligible for this visa, one must create a profile on skill select platform through expression of interest – EOI.

Anyone can do this in or outside Australia. The EOI will be created in accordance with the availability of the trade in skilled occupation list – SOL.

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To be eligible for this visa you must:

• satisfy the application requirements (see page 9);

• be able to pass the points test; and

• be nominated by a state or territory government.

State/Territory nomination

If you are considering nomination by a state or territory government you must be willing to settle in that state or territory. Participating states and territories select who is eligible for nomination on the basis of the skills in demand in that jurisdiction. (Please check the department’s website www.immi.gov.au/skilled/ for the latest state migration plan.) If you accept a nomination there are a number of obligations states and territories will require you to meet.

These include that you:

• remain in the nominating state or territory for at least 2 years; and

• will keep the state or territory informed of changes in your address details before and after arrival; and

• will be prepared to complete surveys and provide information as required; and

• will meet any other requirements of the nominating state or territory.

State and territory government agencies will have access to SkillSelect. If you are interested in making yourself available for state or territory nomination for this visa, you can indicate this in your EOI. If you are interested in a particular state you will have an option to indicate this state, or you may choose to be available to all states and territories if you do not have a preference. For further information on state/territory government nomination, links to the websites of the participating governments can be accessed from the department’s website www.immi.gov.au/skilled/

Here are the basic requirements. You must be:

ü Be invited to apply

ü Be younger than 50 years of age when you are invited to apply

ü Nominate an occupation that matches your skills and qualifications and is on the relevant skilled occupation list

ü Have your skills assessed by the relevant assessing authority as suitable for your nominated occupation

ü Have at least competent English

ü Score at least 60 on the points test

ü Meet the health and character requirements.

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c). Skilled – Nominated or Sponsored (Provisional) (Sub-‐class 489) visa The Skilled – Nominated or Sponsored (Sub – class) 489 visa is for intending migrants who are interested in either state or territory government nomination or family sponsorship.

The subclass 489 visa is a four-year provisional visa where the visa holder must live and work in a specified regional area in Australia. Those that do so for a sufficient period have the opportunity to meet the requirements for a permanent subclass 887 visa.

Events for this visa are initiated by creation of a profile by way of expression Of Interest – EOI on Skill Select platform. EOI can be created for an occupation indicated in skilled occupation list – SOL.

Here are certain prerequisites that you must satisfy before filing for visa under this section. You must:

ü Submit an Expression of Interest and be nominated or sponsored

ü Have an occupation that is on the relevant skilled occupation list

ü Have a suitable skills assessment for that occupation

ü Be less than 50 years of age when the invitation is issued

ü Meet English language requirements

ü Be able to score at least 60 on the points test.

To be eligible for this visa, you must:

• satisfy the application requirements (see page 9);

• be able to pass the points test; and

• be sponsored by an eligible Australian relative living in a ‘Designated Area’, or nominated by a participating state or territory government.

The visa is valid for 4 years and as a holder of this visa you must abide by the condition that you live, work and/or study in a ‘Designated Area’ (see page 13) or a ‘Regional Australia or low population growth metropolitan (RALPGM) area’ (see page 14).

Sponsorship by a relative

If you have a relative living in a ‘Designated Area’ who is willing to sponsor you, he or she will need to be an Australian citizen, permanent resident or ‘eligible New Zealand citizen’ (see page 5). You or your partner must be related to your sponsor as:

• a non-dependent child or non-dependent step-child;

• a parent or step-parent;

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• a brother or sister, step-brother or step-sister;

• a niece or nephew, step-niece or step-nephew;

• an aunt or uncle, step-aunt or step-uncle;

• a first cousin; or

• a grandchild or step-grandchild.

If you are relying on sponsorship by a person related to your partner, your partner must also be included in your application.

To ensure the processing of your application is not delayed, please include a diagram of your family tree with your application. You will also need to include all relevant documents as evidence of your relationship to your sponsor and their residential address.

If you are seeking an invitation for this visa on the basis of family sponsorship, when you submit your EOI you will need to provide details of your sponsor. Your sponsor must be an eligible relative living in a designated area.

You can change the details of your sponsor in the EOI SkillSelect register at any time, however if you provide details of a new sponsor, they will still need to meet the eligible relative and designated area requirements.

5 - Employer Nomination Scheme (Sub-‐‑class 186) The Employer Nomination Scheme (Sub-class 186) visa is for skilled workers from outside Australia or skilled temporary residents who live and work in Australia.

This is part of permanent employer nomination scheme.

There are certain prerequisites that you must meet to be eligible for this subclass of visa. You must:

ü Be nominated by an approved employer

ü Be younger than 50 years of age

ü Meet the skills and qualifications requirements

ü Meet the skills, qualifications and English language requirements.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

If you do not have an employer who will nominate you, you can lodge an Expression of Interest through SkillSelect. Employers and state and territory

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governments can then view your details and decide whether to nominate you for skilled migration.

(If you owe the Australian Government money, you may not be eligible to be

granted a visa until you have made arrangements to pay the debt.)

Features of this visa:

The permanent employer sponsored program:

• allows Australian employers to satisfy genuine skills shortages by recruiting skilled workers

• enhances Australia’s ability to compete globally

• ensures integrity of the skilled migration program

• generally ensures there is a net benefit to Australia.

Each visa category is made up of 3 streams:

1. the Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last 2 years or who are applying directly from outside Australia.

2. the Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last 2 years in the nominated occupation and the employer wants to offer them a permanent position in that same occupation.

3. the Agreement stream is for applicants who are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor foreign skilled workers for permanent residence to fill vacancies in their business.

More Information: (Links)

Employer Sponsored program definitions

Labour Agreements and the Reforms to the Permanent Employer-Sponsored Visa Program (83KB PDF file)

Diagram of Changes (182KB PDF file)

Comparison Chart (543KB PDF file)

Age, Skill and English Language Exemptions (68KB PDF file)

Booklet 5 (Really nice 33 page booklet on Employer Sponsored Migration)

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Permanent employer-sponsored program – 1 July 2012 Reforms

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6 - Regional Sponsored Migration Scheme (subclass 187) visa

The Regional Sponsored Migration Scheme visa (subclass 187) is for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia. It is part of the permanent Employer Sponsored visa program.

To apply for this visa, you must:

• be nominated by an approved employer who will nominate you for a position in their business in regional Australia.

• be younger than 50 years of age

• meet the skills and qualifications requirements

• meet English language requirements.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

If you do not have an employer who will nominate you, you can lodge an Expression of Interest through SkillSelect. Prospective employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration.

If you owe the Australian Government money, you may not be eligible to be granted a visa until you have made arrangements to pay the debt.


The permanent employer sponsored program:

• allows Australian employers to satisfy genuine skills shortages by recruiting skilled workers

• enhances Australia’s ability to compete globally

• ensures integrity of the skilled migration program

• generally ensures there is a net benefit to Australia.

Each visa category is made up of 3 streams:

1. the Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last 2 years or who are applying directly from outside Australia.

2. the Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last 2

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years in the nominated occupation and the employer wants to offer them a permanent position in that same occupation.

3. the Agreement stream is for applicants who are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

The Regional Sponsored Migration Scheme (RSMS) encourages migration to areas outside the metropolitan centres. It allows Australian employers in regional, remote or low population growth areas of Australia to sponsor foreign skilled workers for permanent residence to fill skilled vacancies in their business. The employer’s business, as well as the nominated position, must be located in a regional area. The RSMS covers all of Australia except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong and Melbourne. See page 33 here for a list of postcodes that are considered ‘regional’ for the RSMS.

More Information: (Links)

Employer Sponsored program definitions

Labour Agreements and the Reforms to the Permanent Employer-Sponsored Visa Program (83KB PDF file)

Diagram of Changes (182KB PDF file)

Comparison Chart (543KB PDF file)

Age, Skill and English Language Exemptions (68KB PDF file)

Booklet 5 (Really nice 33 page booklet on Employer Sponsored Migration)

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Permanent employer-sponsored program – 1 July 2012 Reforms

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7 - Business innovation and investment (Provisional) (Sub-‐‑class 188) visa

(This is part of the Business Innovation and Investment Program is offered by the Australian Government as a way to contribute to the growth of the country’s economy by: This is the reason given as to how this visa class is planned to help Australia grow economically.

Business definitions gives meanings of words used in relation to this visa.

• Creating jobs

• Increasing the export of Australian goods and services

• Increasing the production of goods and services in Australia

• Introducing new and/or improved technology

• Increasing competition and commercial activity

• Developing links with international markets

• Bringing business migrants to Australia based on nominations by state and territory governments.

The Business Innovation and Investment (Provisional) (Sub-class188) visa is part of Australian Business innovation and investment program. This aims at intensifying the business scenario in various parts of the country thereby generating economic benefits for the domestic economy. This visa is available through invitation only. The proceedings for this visa are initiated by creating a profile through Expression of Interest (EOI) on Skill Select platform under business innovator or Investor categories. Anyone who files this application can indicate the states they want to choose or leave the option open to be picked up by any province as per their requirements.

The visa has two streams:

1. The Business Innovation stream is for people who want to own and manage a new or existing business in Australia.

2. The Investor stream is for people who want to make a designated investment in an Australian state or territory and want to maintain business and investment activity in Australia after the original investment has matured.

You would be able to:

• Include your family in the visa application

• Travel in and out of Aussie shores for 5 years

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• File for permanent residence under subsection 888

Here are certain prerequisites that you must meet to be eligible for this subclass of visa. You must:

ü Lodge an Expression of Interest

ü Be nominated by a state or territory government

ü Be less than 55 years of age

ü Have a successful business and/or investment history

ü Have adequate personal and business assets

ü Score at least 65 points on the innovation points test.

How this Visa Works:

The provisional Business Innovation and Investment visa is part of the Australian Business Innovation and Investment Program, which seeks to expand the country's economy.

This visa is available by invitation only. Before being invited to apply, you must first lodge an Expression of Interest through SkillSelect.

Expression of Interest:

This Expression of Interest must specify whether you are interested in the Business Innovation stream or the Investor stream. You must also indicate whether you are interested in just one or all states and territories. No supporting documentation is required at this time.

When your Expression of Interest is in SkillSelect, it can be viewed and a state or territory can decide whether to nominate you to apply for a visa. States and territories have their own criteria for deciding who they might nominate. In most cases, and before you are nominated, the relevant state or territory will contact you to discuss business possibilities.

Requirements:

You must be less than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the relevant region.

You must score at least 65 on the Innovation Points test. Points are awarded for:

• Age

• English language ability

• Qualifications

• Experience in business or investments

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• Net personal and business assets

• Business turnover

• Innovation.

On rare occasions, the nominating state or territory government can award you 10 points towards the test because they think your proposed business is of exceptional economic benefit to them. See: Innovation Points test (72KB PDF file)

Other requirements depend on whether you apply for the Business Innovation stream or the Investor stream.

Business Innovation stream

If you apply for the Business Innovation stream, you (or your partner, or you and your partner combined) must have:

• Total assets of at least AUD800 000 that have been legally acquired and can be legally transferred to Australia within two years of the visa being granted

• A total annual turnover of at least AUD500 000 (in one of more of your businesses) in at least two of the four fiscal years immediately before you are invited to apply

• Owned at least:

• 51 per cent of a business with turnover of less than AUD400 000 per annum, or

• 30 per cent of a business with turnover of more than AUD400 000 per annum, or

• 10 per cent of a publicly-listed company

• An overall successful business career with no involvement in unacceptable business activities

• Managed a business, in which you spent less than half your time on professional, technical or trade services

• A genuine desire to own and maintain a management role in a business in Australia.

Investor stream

If you apply for the Investor stream, you (or your partner, or you and your partner combined) must:

• Have a net value of at least AUD2.25 million for the two fiscal years immediately before you are invited to apply

• Have an overall successful record of eligible investment or qualifying business activity with no involvement in unacceptable activities

• Have a high level of management skill in relation to eligible investments and/or qualifying business activity

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• Have at least three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments

• Make your government-approved designated investment of AUD1.5 million before a visa can be granted

• Have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured.

You (or your partner, or you and your partner combined) must also have had one of the following:

• Direct involvement, for at least one of the five fiscal years you are invited to apply, in managing your eligible investments that total at least AUD1.5 million, or

• Direct involvement, for at least one of the five fiscal years before you are invited to apply, in managing a qualifying business in which you owned at least 10 per cent of the total value of the business.

Prepare to apply:

If you are invited to apply for a provisional Business Innovation and Investment visa (subclass 188), you will then have 60 days in which to lodge your online application. You can be in or outside Australia when you lodge.

Your application is likely to require extensive supporting documentation, including records and evidence relating to your:

• Work experience

• Educational background

• English skills

• Business and investment experience.

You are urged to start compiling these documents early in the process—even before you lodge an Expression of Interest.

You can be invited twice. If, after the second invitation, you do not submit a complete application within the allowed timeframe, the offer will be withdrawn and your Expression of Interest will be deleted from SkillSelect. If you want to be considered in future, you will need to submit a new Expression of Interest.

More information:

More information about business and employment in various states and territories is available here

More information about state and territory Treasury Corporations offering designated investments is available here

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8 - Business innovation and investment (Residence) (Sub-‐class 888) visa

The Business Innovation and investment (Residence) (subclass – 888)

Visa is a second stage visa of business innovation and investment

program. You can apply for it after you have fulfilled the requirements

of your provisional visa.

You do not need to lodge a new Expression of Interest, but you do need to:

• Be the primary holder of a provisional Business Innovation and Investment visa (subclass 188)

• Have met all the requirements of your visa, in the stream in which you first applied

• Not have been involved in any unacceptable business or investment activities

• Be nominated by an Australian state or territory.

The visa has two streams:

1. The Business Innovation stream is for people who own and manage a business in Australia

2. The Investor stream is for people who have a designated investment in an Australian state or territory and want to maintain business and/or investment activity in Australia after the original investment has matured.

People can apply if they:

ü Hold a provisional Business Innovation and Investment visa ü Have met the requirements of that visa (including the specific

requirements for the stream in which they first applied) ü Are nominated by a state or territory.

Other Requirements:

Other requirements are based on whether you originally applied through the Business Innovation stream or the Investor stream.

Business Innovation stream

If you are in the Business Innovation stream, you must have been in Australia and held your provisional visa for at least one year in the two years immediately before you apply.

In addition, you (or your partner, or you and your partner combined) must:

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• Have had and continue to have a direct and continuous management role in a main business (or two main businesses) in Australia for at least two years immediately before you apply

• Have had a turnover, in that main business (or two main businesses), of at least AUD300 000 in the year immediately before you apply

• Own at least one of the following percentages of that main business (or two main businesses):

• 51 per cent of a business with a turnover of less than AUD400 000 per annum, or

• 30 per cent of a business with a turnover of more than AUD400 000 per annum, or

• 10 per cent of a publicly-listed company

• Have obtained Australian Business Numbers for each of the relevant businesses

• Have submitted all relevant Business Activity Statements to the Australian Taxation Office

• Not have acquired the ownership in your main business (or two main businesses) from a person who was an applicant for, or a holder of, a permanent Business Innovation and Investment visa (subclass 888), unless you and that person had a joint interest in the main business for at least one year before you lodge your application for this visa.

You (or your partner, or you and your partner combined) must also meet two of the following criteria:

• the net value of your assets in the main business (or two main businesses) in Australia is at least AUD200 000 throughout the year immediately before you apply

• the net value of your personal and business assets in Australia has been at least AUD600 000 throughout the year immediately before you apply

• you employed, in your main business (or two main businesses), throughout the year immediately before you apply, at least the equivalent of two full-time employees who are:

o Australian citizens, or

o Australian permanent residents, or

o New Zealand passport holders, and

o not your family members.

Investor stream

If you are in the Investor stream, you must have been in Australia and held your provisional visa for at least two of the four years immediately before you apply.

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In addition, you (or your partner, or you and your partner combined) must have:

• Held a designated investment with an Australian state or territory for at least four years

• A satisfactory record of complying with Australian laws, including those relating to taxation, superannuation, workplace relations and other laws relevant to your business

• Not been involved in unacceptable business or investment activities

• A strong desire to continue your business and investment activity in Australia.

Business definitions gives meanings of words used in relation to this visa.

9 - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)

“Most common types of sponsored jobs advertised.”

The subclass 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis.

A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizen or permanent resident to fill a skilled position listed in the Consolidated Sponsored Occupations List.


This visa allows a business to employ someone from outside Australia in a skilled job in Australia.

If you hold this visa, you can:

• Work in Australia for up to four years

• Bring your family with you

• Travel in and out of Australia as often as you want.

You can apply for this visa if you:

ü Are sponsored by an employer to fill a nominated skilled position

ü Have skills, qualifications, experience and an employment background that match those required for the position

ü Have demonstrated your English language ability IELTS 6

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ü Are eligible for any relevant licences or registration required for the nominated position

ü Have health insurance.

Prerequisites for applying for subclass 457 visa

You must

ü Be nominated by an employer to be employed on a listed skilled trade

ü Have necessary qualifications, training, experience and track record to suffice for the position

ü Have minimum requisite English ability

ü Be qualified for any endorsements or registrations needed for listed trade

ü Have required health cover

How this visa works:

The subclass 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis.

A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizen or permanent resident to fill a skilled position listed in the Consolidated Sponsored Occupations List.

The information on this page provides an overview of the sponsorship - nomination - application process. Read the following information before starting any process under this visa:

• Sponsoring - how to become a sponsor

• Nominating - how to nominate a skilled worker

• Applying - how to apply for a visa

• After applying - waiting for a decision

• Obligations - the conditions and obligations of sponsors and skilled workers under the subclass 457 visa program.

Subclass 457 visa Legislative Instruments

The legislative instruments page provides direct links to ComLaw.

Three stages of a subclass 457 visa:

There are three stages to employing a skilled worker under the subclass 457 visa program:

• employer applies to be a sponsor

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• employer nominates a position

• employee applies for a visa.

Applications for each of these three stages can be submitted at the same time.

Stage 1: Employer applies to be a sponsor

This is a summary. See 'Sponsoring' for more information.

The employer applies to become a sponsor. This can be through one of two arrangements:

• applying for standard business sponsorship

• negotiating a labour agreement with the Australian Government.

The employer can be an Australian business or a business outside Australia.

If the sponsorship application is approved, the business becomes an approved sponsor. This is valid for three years.

Stage 2: Employer nominates a position

This is a summary. See 'Nominating' for more information.

The approved sponsor nominates a skilled worker to fill the position. The skilled worker must be paid the appropriate market salary for the position in Australia. The position must be an eligible occupation.

A nomination is valid for up to 12 months unless the sponsorship ceases beforehand.

Stage 3: Employee applies for a visa

This is a summary. See 'Applying' for more information.

The skilled worker applies for a visa to work for the approved sponsor in Australia. The support of a sponsor is needed for an application for a subclass 457 visa to be valid. A visa may be valid for up to four years.

Information to help prepare your application:

This information gives advice to help you prepare your application, including certifying and translating documents, providing statutory declarations, communicating with the department, using a migration agent, authorising another person to receive information from the department, receiving assistance with your application, and protecting the privacy of information you provide to the department.

Certifying documents

Every visa application requires various supporting documents such as birth certificates, marriage certificates, and proof of identity.

Unless asked to do otherwise, you should provide certified copies of original documents, rather than the original documents.

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Certified copies have been authorised (or stamped) as being true copies of originals, by a person or agency recognised by the law of the country in which you live. All departmental offices outside Australia have a person who can certify or witness documents. You may have to pay for this service.

Police certificates are the exception. You must provide original police certificates with your application.

Making statutory declarations

Only certain people may witness Commonwealth statutory declarations. All departmental offices outside Australia have a person who can witness statutory declarations.

Translating documents into English

Any document in a language other than English must be accompanied by a certified English translation.

• A translator in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.

• A translator outside Australia does not need to be accredited, but they must endorse the translation with their full name, address, telephone number, and details of their qualifications and experience in the language being translated.

National Accreditation Authority for Translators and Interpreters has more information.

Communicating with the department electronically

In processing your application, the department may need to communicate with you. This can be done electronically. If you want the department to communicate with you by email or fax, you must complete Form 1193 Communicating by e-mail with the department.

If you authorise another person to receive documents on your behalf and that person wants to communicate electronically with the department, they must complete Form 1193.

If you want to receive information by post – a slower form of communication – your application may take longer to finalise if the department needs to contact you about it.

If you nominate a migration agent or other third person to receive communication on your behalf, the department will communicate with them. If your agent or nominated person does not complete Form 1193, all written communication will be sent to their postal address.

Getting help with your application

You can ask someone to help you with your application. They can also help you with other immigration advice.

If you want to appoint or change an authorised recipient, you must complete Form 956 Advice by a migration agent/exempt person of providing immigration assistance.

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In Australia, a person who helps you with your application must be a registered migration agent, unless they are an exempt person. It is a criminal offence for an unregistered person, or someone who is not exempt, to give immigration assistance and advice.

You are not required to use a migration agent. If you want to use one, you should read Using a migration agent.

You are responsible for any information provided in your application, whether you complete the application or someone completes it on your behalf.

Appointing an authorised recipient

An authorised recipient is a person you appoint to receive written communications from the department about your application. Such a recipient must be a real person, such as a family member, friend, migration agent or lawyer. A business, corporation or organisation cannot be an authorised recipient.

If you want to appoint or change an authorised recipient, you must complete Form 956 Advice by a migration agent/exempt person of providing immigration assistance. You can appoint only one authorised recipient at a time.

You do not need to complete this form if a migration agent is acting on your behalf and they have completed the relevant forms.

The department will send your authorised recipient any written communications relating to your visa application that would otherwise have been sent to you. The department may provide you with copies of these communications if you ask for them.

When the department makes a decision about your application, the department will communicate with you directly. Your authorised recipient will no longer be able to receive communications on your behalf.

Privacy – disclosure of information to other parties

The department respects your privacy. We collect your personal information only for the purposes of making decisions under the Migration Act 1958 and the Migration Regulations 1994.

Laws stop the department from giving your personal information to others unless you agree to it or we are required to by law. Laws also mean the department may give your details to other Australian Government agencies such as the Australian Taxation Office or Fair Work Australia.

Form 993i Safeguarding your personal information has more information.

Costs:

Application charges for the three stages of the subclass 457 program are as follows:

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The payment is usually not refunded if the application is unsuccessful or withdrawn after being submitted.

There are limited circumstances in which the nomination charge may be refunded:

• The list of eligible occupations has changed and the occupation that you have nominated no longer meets the description of that occupation in the Consolidated Sponsored Occupation List. You must withdraw the nomination before a visa is decided for that nomination to get the refund. This does not apply if the nominated occupation was not on the list to begin with.

• As a sponsor who is party to a labour agreement, you may have your nomination fee refunded if you withdraw your nomination before a decision is made under the following circumstances:

• you have nominated an occupation that is not permitted by the labour agreement, or

• you make a nomination after you have already reached the number of approved nominations for that year.

Other costs

You may have to pay other costs, such as the costs of health assessments, English language tests, skill assessments and police certificates, if required.

For more help:

Before you ask for additional help about this visa, you should read all the available information about this visa on the department's website.

More information about the Subclass 457 - Business (Long Stay) visa is available in Booklet 9 - Temporary Business (Long Stay) visa (subclass 457).

If you have read all the available content for this visa, and you still require assistance, contact a Centre of Excellence in Australia.

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10 - Contact Us

Email: [email protected]

Or http://emigratetoaustraliahq.com/contact-us/

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11 – Disclaimer:

The material included in this newsletter, email, website, blog:

· Must be regarded as the authors’ personal view;

· Is intended for general information purposes only;

· Does not constitute legal advice;

· May not apply to all applicants or circumstances.

EmigratetoaustraliaHQ.com will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from, relating to or connected with the use of the provided information (i.e. Guide to Australian Visas). Therefore, liability claims regarding damage caused by the use of any information provided will be rejected.

Note that Australian migration regulations are subject to frequent changes. Should you need more information, legal advice or migration assistance, you should apply to a registered migration agent.

Documents

Guide to Australian Visas - Emigrate to Australia HeadQuartersemigratetoaustraliahq.com/wp-content/uploads/2012/07/Guide_to_Australian_Visas_v2.pdf2. Why Choose Emigrate to Australia